LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION
 
May 31, 2003

TO:
Honorable David Dewhurst , Lieutenant Governor, Senate
Honorable Tom Craddick, Speaker of the House, House of Representatives
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
SB1015 by Wentworth (Relating to the confidentiality of certain information regarding, and to the compensation of, a crime victim.), Conference Committee Report



Estimated Two-year Net Impact to General Revenue Related Funds for SB1015, Conference Committee Report: an impact of $0 through the biennium ending August 31, 2005, if the effective date of the bill is June 1, 2003; or an impact of $0 through the biennium ending August 31, 2005, if the effective date of the bill is September 1, 2003.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

The following table assumes an effective date of June 1, 2003.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2003 $0
2004 $0
2005 $0
2006 $0
2007 $0
2008 $0




Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2004 $0
2005 $0
2006 $0
2007 $0
2008 $0




Fiscal Year Probable (Cost) from
CRIME VICTIMS COMP ACCT
469
2003 ($6,180)
2004 ($24,720)
2005 ($24,720)
2006 ($24,720)
2007 ($24,720)
2008 ($24,720)

The following table assumes an effective date of September 1, 2003.



Fiscal Year Probable (Cost) from
CRIME VICTIMS COMP ACCT
469
2004 ($24,720)
2005 ($24,720)
2006 ($24,720)
2007 ($24,720)
2008 ($24,720)

Fiscal Analysis

The bill would amend Section 552.1325 of the Government Code relating to the confidentiality of certain information submitted for purposes of a crime victim impact statement. The bill specifies the name, social security number, address, telephone number of a crime victim and any other information the disclosure of which would identify or tend to identify the crime victim and held by a governmental body or filed with a court is confidential.

The bill would also allow travel payments for victim witnesses to an execution from the Compensation to Victims of Crime Fund based on when the travel occurred and not based on the date of the crime.  Currently, travel to an execution can only be paid from the Compensation to Victims of Crime Fund if the offense occurred on or after September 1, 1997, since travel to an execution has been considered a post-conviction proceeding. The bill does not alter the definition of a claimant; therefore, travel reimbursement would be restricted to the victim’s dependents, family members, household members, and certain other individuals.

The bill takes effect immediately if it receives a vote of two-thirds of all members of each house; otherwise it takes effect September 1, 2003.


Methodology

There are 314 death row offenders who committed their crimes prior to September 1, 1997. The Office of the Attorney General estimates eighty percent (251 offenders) would be subject to execution and 200 of these offenders could be executed in the next five years for 40 executions per year. The Compensation to Victims of Crime Division at the Office of the Attorney General assumed there would be an average of three eligible claimants per execution. Based on travel cost rates from the State of Texas Travel Allowance Guide and assuming that witnesses will generally travel in one vehicle and stay in two rooms, the division estimated the average total reimbursement per execution to be $618 resulting in an annual fiscal impact of approximately $24,720 for 40 executions per year. 


Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
302 Office of the Attorney General, 696 Department of Criminal Justice
LBB Staff:
JK, WP, RR, WK, VDS, BL, KG